ETHNO-RELIGIOUS CRISIS:

LEGAL PERSPECTIVE

Introduction

This article will be prefaced by Constitutional provisions in the 1999 Constitution of the Federal

Republic of Nigeria. Under Section 14(1) it states that: “The Federal Republic of Nigeria shall be a state

based on the principles of democracy and social justice .s.14(2)” It is hereby, accordingly declared that –

(a) Sovereignty belongs to the people of Nigeria from whom government through this Constitution derives

all its powers and authority: (a) the security and welfare of the people shall be the primary purpose of

government; and (c) the participation of the people in their government shall be ensured in accordance with

the provisions of this constitution”.

Under section 24 it states that it shall be the duty of every citizen to:

(a) Abide by this Constitution; respect its ideals and its institutions, the National Flag, the National

Anthem, the National Pledge, and Legitimate authorities,

(b) Respect the dignity of their citizens and the rights and legitimate interests of others and live in

unity and harmony and in the spirit of common brotherhood;

(c) declare his income honestly to appropriate and lawful agencies and pay his tax promptly". 1

In this article, it shall be contended that it is largely due to the failure on the part of the government/state to

fulfill its fundamental obligation to the people that ethno-religious crisis are becoming rampant.

We shall commence this exercise by defining certain terms that will make the work easy to understand.

Definitions

Legal perspective here shall mean approach that considers issues from the point of Law and order,

Insistence on responsibilities of a state to its citizens and also that owed by citizens to the state as captured

in the constitution of the Federal Republic of Nigeria.

1 . Sec. 5.14 and 24 of 1999 Constitution we are aware of the invitation imposed by S.6(6)( c) but see currently arguments being
canvassed for the justiciability of Chapt. 2 in Epiphany Azinge and Bolaji Owasonoye (Edited): Justiciability and
Constitutionalism: An Economic Analysis of Law. Nigerian Institute of Advanced Legal Studies, Lagos 2010.
Religion: According to Oxford Dictionary is defined as “one of the systems of taught that are based on the

belief in the existence of a particular God or gods: Jewish religion, Christian Religion. It is also defined as

a particular interest or influence that is very important in one’s life. Christianity is the belief in Christ the

man that Christians believe is the son of God and on those teachings the Christian religion is based. 2

Islam as a religion is an Arabic word and connotes submission, surrender and obedience to the laws of

Allah.

Ethnicity The concept of ethnicity refers to a social identity formation that rests upon culturally specific

practices and a unique set of symbols and cosmology”.3

Ethnicity should be seen as arising in any situation where a group of people no matter how small with

different cultural and linguistic attributes from those of its neighbours use’s this is the basis of solidarity

and interaction with others. In so doing the group sees itself not only as distinct but as a group in itself and

for itself.4 According to Professor Alemika the International IDEA offered a very broad description of

ethnicity that captures its objective as well as aspects of its subjective dimensions: It suggested that:

The concept of ethnicity refers to a social identity formation that rests upon culturally
specific practices and a unique set of symbols and cosmology. A belief in common origin
and a broadly agreed common history provide an inheritance of symbols, heroes events
values and hierarchies, and confirm social identities of both insider and

By ethno-religious conflict. It means a situation in which the relationship between members of one ethnic

or religious group and another such group in a multi-ethnic and multireligious society is characterized by

lack of cordiality, mutual, suspicion, and fear and a tendency towards violent confrontation 5

Conflicts could be described as a situation or condition of disharmony in an interactional process. 6

Conflict also is when two or more values, perspectives and opinions are contradictory in nature and haven’t

been aligned or agreed about yet.7

2 . See Muhammed Gambo Isgogo; Hassan Adamu Makuku; Umar Hamidu Aliyu: Ethno-Religious Crisis in Nigeria: Causes
Remedy PP.5-7.
3 . See Lanre Olu-Adeyemi: “Ethno-Religious Conflicts and the Travails of National Integration in Nigeria’s Fourth Republic.
lanreoluadeyemi@yahoo.com.uk. February 15. 2006. P.4.
4 . Edlyne E. Anugwom “Ethnic Conflict and Democracy in Nigeria. The Marginalization Question: In Journal of Social
Development in Africa (2000) p.64.
5 . See B. Salawu: “Ethno-Religious Conflicts in Nigeria: Casual Analysis and Proposals for New Management Strategies: In
European Journal Social Sciences Vol.13 No. 3 2010 P.346(12).
6 . See Lanre Olu-Adeyemi op cit p.3.
7 . Conflicts, Causes and Prevention: A case study of Nigerian Crisis. http://www.oppapers.com/essays/conflict-causes and
prevention/298639 10/06/2010 p.1.
What are the sources, causes, and factors associated with ethno-religious conflict in Nigeria?

According to a national survey conducted in August 2001 by Afrobarometer shows that communal conflict

is a wide-spread in the country. Only a few but gruesome instances have attracted the attention of the

country. The respondents in a nationally representative sample (of adults of 18 years and older) were asked

if they had ever experienced violent conflicts in their communities most (73%) reported having

experienced such conflicts. They were further asked if they ever witnessed violent conflicts between

groups in this country and 86% of them reported) having witnessed such.

The respondents in the sample identified the sources of conflicts and violence in the country as:

1. Boundary and Land dispute 27%

2. Religion 26%

3. Ethnic difference 13%

4. Political party disputes 7%

5. Economic problems 6%

In Segun Ige’s view the two problems in the North today are religion and economy. All the crisis now

taking place there can conveniently come under these two problems. The poor state of the Northern

economy dominated by non-indigenes can be blamed on their thieving politicians and their elite sons and

daughters hiding under the cloak of sharia.31

Another commentator thinks that:

A major cause of what we now see as ethno religious conflicts in Nigeria has to do with
the accusation and allegations of neglect, oppression, domination, exploitation,
victimization, discrimination marginalization, nepotism and bigotry.32

Breakdown of such vehicle of social control that characterized the traditional African societies such as the

family education, law. Religion and political system that served for the well-being of all citizens indeed the

malfunctioning of all these important institution has actually increased ethnic and communal conflicts in

Nigeria.33
Events in the middle East foreign preachers Deviation from the teachings of both Christianity and Islam by

followers of the faith have all in one way or the other been 8associated with ethno-religious crisis in

Nigeria.9

What this means theoretically is that poverty and unemployment increase the number of people who are

prepared to kill or be killed for a given cause, at token benefit) This explains why all ethno-religious crisis

that ever occurred in Nigeria have a large turn out of people (including underaged) as fighters. 10

Having to some extent identified factors associated with ethno-religious conflict the following can

ameliorate the situation:

Establishment of a constitutional framework for a democratic and participatory local

government system with adequate autonomy, powers and resources in place of unduly strong
federal and state governments. This will maximize the participation of people in their own
local affairs and should promote accountability and better resources management for the well
being of the people. As much as possible every self identified ethnic group should constitute
a least a local government area so that they can develop their linguistic and cultural heritage
as against the growing absorption of minority ethnic groups by larger one which results in
oppression and marginalization.

Government should leave the religious space to religious institutions. Religious institutions and laws

should be administered by religious organizations with their own resources within the context of voluntary

association life.

The elite should stop promoting hate politics of exclusion, discrimination, and violence. The appropriate

legal framework should be developed to effectively punish culprits such punishment may include

disqualification from public office and patronage – the usual reasons for the elites sponsorship of common

conflict and violence. Peace education; the high rates of unemployment and mass poverty must be

addressed through effective, efficient and sustainable programmes. This will reduce the army of

unemployed and the poor often recruited for violence. Qualitative education and access to it by it citizens

will minimize ignorance and prejudice as well as vulnerability to ethnic and religious manipulation. 11
8 . Ibid p.349.
9 . See Muhammad Gambo Isgogo: Hassan Adamu Makuku; and Umar Hamidu Aliyu: “Ethno-Religious Crisis in Nigeria: Causes
and Remedy” Pp.1, 5 See also suggestions, As Remedies for Ethno-Religious Crisis in Nigeria at pp.8-9.
10 . B. Salawu op cit p. 348.
11 . See Alemika op cit pp. 103-106 See also Ayua 1. P. 122, Ademola Popoola pp 145-150; Ogo Alubo p. 56-57. Sam Oyovbaire
pp. 200-204 and Attahiru M. Jega pp.211-212 all in Ethnicity And National Integration In Nigeria Recurrent Themes (2004) op
cit. See also “Efforts at Integrated Statehood” in Lanre Olu-Adeyem op cit pp. 7-8. And Ibrahim A. Gambari “The Challenges of
Nation Building: The Case of Nigeria” 1st Year Anniversary Public Lecture. Mustapha Akanbi Foundation. Abuja, 7th February
2008.
Conclusion

In this chapter we looked at the various definitions of terms that could assist us in understanding the work,

the factors associated with ethno-religious crisis in Nigeria were explained so was the character of the

Nigerian society. Recommendations capable of ameliorating the situation were made. On a final note it is

our contention that a deeper reflection on the ethnic religious crisis shows clearly that its sometimes is

neither religious nor ethnic as perceived by the popular press.

Time seem to have come when the issue of redistribution of wealth has to be looked into. Social security

benefits for the unemployed seem inevitable. The resources at our disposal is sufficient to take care of our

needs if corruption is kept at bay. While the disintegration of Nigeria may not be eminent. The possibility

is clearly there for all to see. That may be our lot. God forbid! If the measures suggested in this work are

not taken seriously.